CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 1 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to K -12 assessments and 2 accountability; amending s. 411.227, F.S.; conforming 3 provisions to changes made by the act; amending s. 4 1000.21, F.S.; renaming the "Next Generation Sunshine 5 State Standards" as the "state academic standards"; 6 amending ss. 1002.37, 1002.45, 1002.53, 1002.67, 7 1002.68, 1003.41, and 1003.53 F.S.; conforming 8 provisions to changes made by the act; providing a 9 directive to the Division of Law Revision; amending s. 10 1008.2125, F.S.; deleting provisions relating to the 11 coordinated screening and progress monitoring program; 12 conforming cross-references to changes made by the 13 act; amending s. 1008.22, F.S.; conforming provisions 14 to changes made by the act; providing that certain 15 end-of-year comprehensive progress monitoring 16 assessments are the statewide, standardized ELA and 17 Mathematics assessments for certain students; 18 providing that achievement levels on specified 19 assessments shall measure grade -level performance, 20 rather than satisfactory performance; requiring 21 certain assessment results to be provided by a 22 specified date beginning with a certain school year; 23 including the coordinated screening and progress 24 monitoring system in the limitation on the school 25 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 2 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S hours authorized for testing; revising the timeframe 26 results for district -required local assessments must 27 be provided to a student's parent; requiring such 28 results to be provided in specified formats; requiring 29 specified information to be included on individual 30 student reports; requiring the Commissioner of 31 Education to provide specified recommendations from an 32 independent review of the coordinated screening and 33 progress monitoring system to the Governor and 34 Legislature by a specified date; providing 35 requirements for the review and recommendations; 36 providing for the future repeal of such requirements; 37 amending s. 1008.25, F.S.; conforming provisions to 38 changes made by the act; requiring the coordinated 39 screening and progress monitoring system to identify 40 the educational strengths and needs of students; 41 revising requirements for su ch system; providing 42 requirements for the administration of the coordinated 43 screenings and progress monitoring and the reporting 44 of results; requiring a specified annual report to be 45 accessible through certain web -based options; deleting 46 a requirement that district school boards print 47 specified information in a local newspaper; amending 48 s. 1008.33, F.S.; making editorial changes; requiring 49 a school district to take specified actions for a 50 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 3 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S school that earns an initial school grade of "D"; 51 revising the options available to a school district 52 that must implement a turnaround plan for a school; 53 authorizing a school district to submit a turnaround 54 plan for a school that has earned an initial school 55 grade of "D"; revising the options available to a 56 school district with a school that implemented a 57 turnaround plan and did not improve its school grade; 58 requiring certain schools that exit turnaround status 59 and earn a specified school grade within a certain 60 time period to select and implement a turnaround 61 option; providing requirements for the selection of 62 such turnaround option; amending s. 1008.34, F.S.; 63 requiring the State Board of Education to annually 64 review the percentage of schools earning certain 65 school grades and determine if the school grading 66 scale must be adjusted; providing requirements for 67 such adjustments; requiring the state board to provide 68 specified information to the public; providing a 69 transition for the calculation of school and district 70 grades for the 2022-2023 school year; providing 71 requirements for the calculation of such grades and 72 exemption schools from specified provisions; providing 73 requirements for determining grade 3 retention and 74 high school graduation requirements for such school 75 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 4 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S year; providing for the future repeal of specified 76 provisions; amending s. 1008.341, F.S.; providing that 77 school improvements rating will not be calculated for 78 the 2022-2023 school year; providing for the future 79 repeal of specified provisions; providing an effective 80 date. 81 82 Be It Enacted by the Legislature of the S tate of Florida: 83 84 Section 1. Paragraph (d) of subsection (1) and paragraph 85 (b) of subsection (3) of section 411.227, Florida Statutes, are 86 amended to read: 87 411.227 Components of the Learning Gateway. —The Learning 88 Gateway system consists of the follow ing components: 89 (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY -ORIENTED 90 ACCESS.— 91 (d) In collaboration with other local resources, the 92 demonstration projects shall develop public awareness strategies 93 to disseminate information about developmental milesto nes, 94 precursors of learning problems and other developmental delays, 95 and the service system that is available. The information should 96 target parents of children from birth through age 9 and should 97 be distributed to parents, health care providers, and careg ivers 98 of children from birth through age 9. A variety of media should 99 be used as appropriate, such as print, television, radio, and a 100 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 5 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S community-based Internet website, as well as opportunities such 101 as those presented by parent visits to physicians for well -child 102 checkups. The Learning Gateway Steering Committee shall provide 103 technical assistance to the local demonstration projects in 104 developing and distributing educational materials and 105 information. 106 1. Public awareness strategies targeting parents of 107 children from birth through age 5 shall be designed to provide 108 information to public and private preschool programs, child care 109 providers, pediatricians, parents, and local businesses and 110 organizations. These strategies should include information on 111 the school readiness performance standards adopted by the 112 Department of Education. 113 2. Public awareness strategies targeting parents of 114 children from ages 6 through 9 must be designed to disseminate 115 training materials and brochures to parents and public and 116 private school personnel, and must be coordinated with the local 117 school board and the appropriate school advisory committees in 118 the demonstration projects. The materials should contain 119 information on state and district achievement proficiency levels 120 for grades K-3. 121 (3) EARLY EDUCATION, SERVICES AND SUPPORTS. — 122 (b) Demonstration projects shall develop strategies to 123 increase the use of appropriate intervention practices with 124 children who have learning problems and learning disabilities 125 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 6 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S within public and private e arly care and education programs and 126 K-3 public and private school settings. Strategies may include 127 training and technical assistance teams. Intervention must be 128 coordinated and must focus on providing effective supports to 129 children and their families with in their regular education and 130 community environment. These strategies must incorporate, as 131 appropriate, school and district activities related to the 132 student's progress monitoring plan and must provide parents with 133 greater access to community -based services that should be 134 available beyond the traditional school day. Academic 135 expectations for public school students in grades K -3 must be 136 based upon the local school board's adopted achievement 137 proficiency levels. When appropriate, school personnel shall 138 consult with the local Learning Gateway to identify other 139 community resources for supporting the child and the family. 140 Section 2. Subsection (7) of section 1000.21, Florida 141 Statutes, is amended to read: 142 1000.21 Systemwide definitions. —As used in the Flori da 143 Early Learning-20 Education Code: 144 (7) "Next Generation Sunshine State academic standards" 145 means the state's public K -12 curricular standards adopted under 146 s. 1003.41. 147 Section 3. Paragraph (f) of subsection (3) and paragraphs 148 (a) and (d) of subsect ion (10) of section 1002.37, Florida 149 Statutes, are amended to read: 150 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 7 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1002.37 The Florida Virtual School. — 151 (3) Funding for the Florida Virtual School shall be 152 provided as follows: 153 (f) The Florida Virtual School shall receive state funds 154 for operating purposes as provided in the General Appropriations 155 Act. The calculation to determine the amount of state funds 156 includes: the sum of the base Florida Education Finance Program 157 funding, the state-funded discretionary contribution and a per -158 full-time equivalent share of the discretionary millage 159 compression supplement, the exceptional student education 160 guaranteed allocation, the instructional materials allocation, 161 the evidence-based research-based reading instruction 162 allocation, the mental health assistance allocation, and the 163 teacher salary increase allocation. For the purpose of 164 calculating the state -funded discretionary contribution, 165 multiply the maximum allowable nonvoted discretionary millage 166 for operations pursuant to s. 1011.71(1) and (3) by the value of 167 96 percent of the current year's taxable value for school 168 purposes for the state; divide the result by the total full -time 169 equivalent membership of the state; and multiply the result by 170 the full-time equivalent membership of the school. Funds may not 171 be provided for the purpose of fulfilling the class size 172 requirements in ss. 1003.03 and 1011.685. 173 (10)(a) Public school students receiving full -time 174 instruction in kindergarten through grade 12 by the Florida 175 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 8 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Virtual School must take all statewide assessments required 176 pursuant to s. 1008.22 and participate in the coordinated 177 screening and progress monitoring system under s. 1008.25(8) . 178 (d) Unless an alternative testing site is mutually agreed 179 to by the Florida Virtual School and the school district or as 180 contracted under s. 1008.24, all industry certification 181 examinations, national assessments, progress monitoring under s. 182 1008.25(8), and statewide assessments must be taken at the 183 school to which the student would be assigned according to 184 district school board attendance areas. A school district must 185 provide the student with access to the school's testing 186 facilities and the date and time of the administration of 187 progress monitoring and each examination or assessment. 188 Section 4. Paragraph (b) of subsection (6) of section 189 1002.45, Florida Statutes, is amended to read: 190 1002.45 Virtual instruction programs. — 191 (6) STUDENT PARTICIPATION REQUIREMENTS. —Each student 192 enrolled in a virtual in struction program or virtual charter 193 school must: 194 (b) Take statewide assessments pursuant to s. 1008.22 and 195 participate in the coordinated screening and progress monitoring 196 system under s. 1008.25(8) . Statewide assessments and progress 197 monitoring may be administered within the school district in 198 which such student resides, or as specified in the contract in 199 accordance with s. 1008.24(3). If requested by the approved 200 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 9 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S provider or virtual charter school, the district of residence 201 must provide the student wit h access to the district's testing 202 facilities. 203 Section 5. Paragraph (d) of subsection (6) of section 204 1002.53, Florida Statutes, is amended to read: 205 1002.53 Voluntary Prekindergarten Education Program; 206 eligibility and enrollment. — 207 (6) 208 (d) Each parent who enrolls his or her child in the 209 Voluntary Prekindergarten Education Program must allow his or 210 her child to participate in the coordinated screening and 211 progress monitoring program under s. 1008.25(8) s. 1008.2125. 212 Section 6. Paragraph (b) of sub section (2) of section 213 1002.67, Florida Statutes, is amended to read: 214 1002.67 Performance standards and curricula. — 215 (2) 216 (b) Each private prekindergarten provider's and public 217 school's curriculum must be developmentally appropriate and 218 must: 219 1. Be designed to prepare a student for early literacy and 220 provide for instruction in early math skills; 221 2. Enhance the age-appropriate progress of students in 222 attaining the performance standards adopted by the department 223 under subsection (1); and 224 3. Support student learning gains through differentiated 225 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 10 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S instruction that shall be measured by the coordinated screening 226 and progress monitoring program under s. 1008.25(8) s. 227 1008.2125. 228 Section 7. Paragraphs (a) and (b) of subsection (1), 229 paragraphs (b) and (e) o f subsection (4), and paragraph (c) of 230 subsection (6) of section 1002.68, Florida Statutes, are amended 231 to read: 232 1002.68 Voluntary Prekindergarten Education Program 233 accountability.— 234 (1)(a) Beginning with the 2022 -2023 program year, each 235 private prekindergarten provider and public school participating 236 in the Voluntary Prekindergarten Education Program must 237 participate in the coordinated screening and progress monitoring 238 program in accordance with s. 1008.25(8) s. 1008.2125. The 239 coordinated screening and progress monitoring program results 240 shall be used by the department to identify student learning 241 gains, index development learning outcomes upon program 242 completion relative to the performance standards established 243 under s. 1002.67 and representative norms, and inform a private 244 prekindergarten provider's and public school's performance 245 metric. 246 (b) At a minimum, the initial and final progress 247 monitoring or screening must be administered by individuals 248 meeting requirements adopted by the department under s. 249 1008.2125. 250 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 11 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (4) 251 (b) The methodology for calculating a provider's 252 performance metric may not include students who are not 253 administered the coordinated screening and progress monitoring 254 program under s. 1008.25(8) s. 1008.2125. 255 (e) Subject to an appropri ation, the department shall 256 provide for a differential payment to a private prekindergarten 257 provider and public school based on the provider's designation. 258 The maximum differential payment may not exceed a total of 15 259 percent of the base student allocation per full-time equivalent 260 student under s. 1002.71 attending in the consecutive program 261 year for that program. A private prekindergarten provider or 262 public school may not receive a differential payment if it 263 receives a designation of "proficient" or lower. Before the 264 adoption of the methodology, the department shall confer with 265 the Council for Early Grade Success under s. 1008.2125 before 266 receiving approval from the State Board of Education for the 267 final recommendations on the designation system and differe ntial 268 payments. 269 (6) 270 (c) The department shall adopt criteria for granting good 271 cause exemptions. Such criteria must include, but are not 272 limited to, all of the following: 273 1. Child demographic data that evidences a private 274 prekindergarten provider or public school serves a statistically 275 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 12 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S significant population of children with special needs who have 276 individual education plans and can demonstrate progress toward 277 meeting the goals outlined in the students' individual education 278 plans. 279 2. Learning gains of children served in the Voluntary 280 Prekindergarten Education Program by the private prekindergarten 281 provider or public school on an alternative measure that has 282 comparable validity and reliability of the coordinated screening 283 and progress monitoring program in accordance with s. 1008.25(8) 284 s. 1008.2125. 285 3. Program assessment data under subsection (2) which 286 demonstrates effective teaching practices as recognized by the 287 tool developer. 288 4. Verification that local and state health and safety 289 requirements are met. 290 Section 8. Subsections (1) and (2) of section 1003.41, 291 Florida Statutes, are amended to read: 292 1003.41 Next Generation Sunshine State academic 293 standards.— 294 (1) The Next Generation Sunshine state academic standards 295 establish the core content of the curricula to be taught in the 296 state and specify the core content knowledge and skills that K -297 12 public school students are expected to acquire. Standards 298 must be rigorous and relevant and provide for the logical, 299 sequential progression of core curricular content that 300 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 13 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S incrementally increases a student's core content knowledge and 301 skills over time. Curricular content for all subjects must 302 integrate critical-thinking, problem-solving, and workforce -303 literacy skills; communication, reading, and writing skills; 304 mathematics skills; collaboration skills; contextual and 305 applied-learning skills; technology -literacy skills; information 306 and media-literacy skills; and civic -engagement skills. The 307 standards must include distinct grade -level expectations for the 308 core content knowledge and skills that a student is expected to 309 have acquired by each individual grade level from kindergarten 310 through grade 8. The standards for grades 9 through 12 may be 311 organized by grade clusters of more than one grade level except 312 as otherwise provided for visual and performing arts, physical 313 education, health, and foreign language standards. 314 (2) The Next Generation Sunshine state academic standards 315 must meet the following requirements: 316 (a) English Language Arts standards must establish 317 specific curricular content for, at a minimum, reading, writing, 318 speaking and listening, and language. 319 (b) Science standards must establish specific curricular 320 content for, at a minimum, the nature of science, earth and 321 space science, physical science, and life science. 322 (c) Mathematics standards must establish specific 323 curricular content for, at a minimum, algebra, geometry, 324 statistics and probability, number and quantity, functions, and 325 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 14 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S modeling. 326 (d) Social Studies standards must establish specific 327 curricular content for, at a minimum, geography, United States 328 and world history, government, civics, humanities, economics, 329 and financial literacy. 330 (e) Visual and performing arts, physical education, 331 health, and foreign language standards must establish specific 332 curricular content and include distinct grade level expectations 333 for the core content knowledge and skills that a student is 334 expected to have acquired by each individ ual grade level from 335 kindergarten through grade 5. The standards for grades 6 through 336 12 may be organized by grade clusters of more than one grade 337 level. 338 Section 9. Paragraph (c) of subsection (1) of section 339 1003.53, Florida Statutes, is amended to rea d: 340 1003.53 Dropout prevention and academic intervention. — 341 (1) 342 (c) A student shall be identified as being eligible to 343 receive services funded through the dropout prevention and 344 academic intervention program based upon one of the following 345 criteria: 346 1. The student is academically unsuccessful as evidenced 347 by low test scores, retention, failing grades, low grade point 348 average, falling behind in earning credits, or not meeting the 349 state or district achievement proficiency levels in reading, 350 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 15 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S mathematics, or writing. 351 2. The student has a pattern of excessive absenteeism or 352 has been identified as a habitual truant. 353 3. The student has a history of disruptive behavior in 354 school or has committed an offense that warrants out -of-school 355 suspension or expulsion from school according to the district 356 school board's code of student conduct. For the purposes of this 357 program, "disruptive behavior" is behavior that: 358 a. Interferes with the student's own learning or the 359 educational process of others and requires atten tion and 360 assistance beyond that which the traditional program can provide 361 or results in frequent conflicts of a disruptive nature while 362 the student is under the jurisdiction of the school either in or 363 out of the classroom; or 364 b. Severely threatens the ge neral welfare of students or 365 others with whom the student comes into contact. 366 4. The student is identified by a school's early warning 367 system pursuant to s. 1001.42(18)(b). 368 Section 10. The Division of Law Revision is directed to 369 prepare a reviser's b ill for the 2023 Regular Session of the 370 Legislature to change the term "Next Generation Sunshine State 371 Standards" to "state academic standards" wherever the term 372 appears in the Florida Statutes. 373 Section 11. Subsection (4) of section 1008.2125, Florida 374 Statutes, is renumbered as subsection (1), subsection (3) is 375 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 16 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S renumbered as subsection (2), and subsections (5) through (7) 376 are renumbered as subsections (3) through (5), respectively, and 377 subsections (1) and (2) and present subsections (3), (4), and 378 (5) of that section are amended, to read: 379 1008.2125 The Council for Early Grade Success Coordinated 380 screening and progress monitoring program for students in the 381 Voluntary Prekindergarten Education Program through grade 3 .— 382 (1) The primary purpose of the coo rdinated screening and 383 progress monitoring program for students in the Voluntary 384 Prekindergarten Education Program through grade 3 is to provide 385 information on students' progress in mastering the appropriate 386 grade-level standards and to provide information on their 387 progress to parents, teachers, and school and program 388 administrators. Data shall be used by Voluntary Prekindergarten 389 Education Program providers and school districts to improve 390 instruction, by parents and teachers to guide learning 391 objectives and provide timely and appropriate supports and 392 interventions to students not meeting grade -level expectations, 393 and by the public to assess the cost benefit of the expenditure 394 of taxpayer dollars. The coordinated screening and progress 395 monitoring program mus t: 396 (a) Measure student progress in the Voluntary 397 Prekindergarten Education Program through grade 3 in meeting the 398 appropriate expectations in early literacy and math skills and 399 in English Language Arts and mathematics, as required by ss. 400 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 17 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1002.67(1)(a) and 1003.41. 401 (b) Provide data for accountability of the Voluntary 402 Prekindergarten Education Program, as required by s. 1002.68. 403 (c) Provide baseline data to the department of each 404 student's readiness for kindergarten, which must be based on 405 each kindergarten student's progress monitoring results that was 406 administered no later than the first 30 instructional days in 407 accordance with paragraph (2)(a). The methodology for 408 determining a student's readiness for kindergarten shall be 409 developed by the dep artment and aligned to the methodology 410 adopted pursuant to s. 1002.68(4). 411 (d) Identify the educational strengths and needs of 412 students in the Voluntary Prekindergarten Education Program 413 through grade 3. 414 (e) Provide teachers with progress monitoring dat a to 415 provide timely interventions and supports pursuant to s. 416 1008.25(4). 417 (f) Assess how well educational goals and curricular 418 standards are met at the provider, school, district, and state 419 levels. 420 (g) Provide information to aid in the evaluation and 421 development of educational programs and policies. 422 (2) The Commissioner of Education shall design a 423 statewide, standardized coordinated screening and progress 424 monitoring program to assess early literacy and mathematics 425 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 18 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S skills and the English Language Arts and mathematics standards 426 established in ss. 1002.67(1)(a) and 1003.41, respectively. The 427 coordinated screening and progress monitoring program must 428 provide interval level and norm -referenced data that measures 429 equivalent levels of growth; be a development ally appropriate, 430 valid, and reliable direct assessment; be able to capture data 431 on students who may be performing below grade or developmental 432 level and which may enable the identification of early 433 indicators of dyslexia or other developmental delays; acc urately 434 measure the core content in the applicable grade level 435 standards; document learning gains for the achievement of these 436 standards; and provide teachers with progress monitoring 437 supports and materials that enhance differentiated instruction 438 and parent communication. Participation in the coordinated 439 screening and progress monitoring program is mandatory for all 440 students in the Voluntary Prekindergarten Education Program and 441 enrolled in a public school in kindergarten through grade 3. The 442 coordinated screening and progress monitoring program shall be 443 implemented beginning in the 2022 -2023 school year for students 444 in the Voluntary Prekindergarten Education Program and 445 kindergarten students, as follows: 446 (a) The coordinated screening and progress monitori ng 447 program shall be administered within the first 30 days after 448 enrollment, midyear, and within the last 30 days of the program 449 or school year, in accordance with the rules adopted by the 450 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 19 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S State Board of Education. The state board may adopt alternate 451 timeframes to address nontraditional school year calendars or 452 summer programs to ensure the coordinated screening and progress 453 monitoring program is administered a minimum of three times 454 within a year or program. 455 (b) The results of the coordinated screening an d progress 456 monitoring program shall be reported to the department, in 457 accordance with the rules adopted by the state board, and 458 maintained in the department's educational data warehouse. 459 (1)(4) The Council for Early Grade Success, a council as 460 defined in s. 20.03(7), is created within the Department of 461 Education to oversee the coordinated screening and progress 462 monitoring program under s. 1008.25(8) for students in the 463 Voluntary Prekindergarten Education Program through grade 3 and, 464 except as otherwise pr ovided in this section, shall operate 465 consistent with s. 20.052. 466 (a) The council shall be responsible for reviewing the 467 implementation of, training for, and outcomes from the 468 coordinated screening and progress monitoring program to provide 469 recommendations to the department that support grade 3 students 470 reading at or above grade level. The council, at a minimum, 471 shall: 472 1. Provide recommendations on the implementation of the 473 coordinated screening and progress monitoring program, including 474 reviewing any procurement solicitation documents and criteria 475 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 20 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S before being published. 476 2. Develop training plans and timelines for such training. 477 3. Identify appropriate personnel, processes, and 478 procedures required for the administration of the coordinated 479 screening and progress monitoring program. 480 4. Provide input on the methodology for calculating a 481 provider's or school's performance metric and designations under 482 s. 1002.68(4). 483 5. Work with the department to review the methodology for 484 determining a child's kinder garten readiness. 485 6. Review data on age -appropriate learning gains by grade 486 level that a student would need to attain in order to 487 demonstrate proficiency in reading by grade 3. 488 7. Continually review anonymized data from the results of 489 the coordinated screening and progress monitoring program for 490 students in the Voluntary Prekindergarten Education Program 491 through grade 3 to help inform recommendations to the department 492 that support practices that will enable grade 3 students to read 493 at or above grade lev el. 494 (b) The council shall be composed of 17 members who are 495 residents of the state and appointed as follows: 496 1. Three members appointed by the Governor, as follows: 497 a. One representative from the Department of Education. 498 b. One parent of a child wh o is 4 to 9 years of age. 499 c. One representative that is an elementary school 500 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 21 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S administrator. 501 2. Seven members appointed by the President of the Senate, 502 as follows: 503 a. One senator who serves at the pleasure of the President 504 of the Senate. 505 b. One representative of an urban school district. 506 c. One representative of a rural early learning coalition. 507 d. One representative of a faith -based early learning 508 provider who offers the Voluntary Prekindergarten Education 509 Program. 510 e. One representative who is a second grade teacher who 511 has at least 5 years of teaching experience. 512 f. Two representatives with subject matter expertise in 513 early learning, early grade success, or child assessments. 514 3. Seven members appointed by the Speaker of the House of 515 Representatives, as follows: 516 a. One member of the House of Representatives who serves 517 at the pleasure of the Speaker of the House. 518 b. One representative of a rural school district. 519 c. One representative of an urban early learning 520 coalition. 521 d. One representative of an early learning provider who 522 offers the Voluntary Prekindergarten Education Program. 523 e. One member who is a kindergarten teacher who has at 524 least 5 years of teaching experience. 525 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 22 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S f. Two representatives with subject matter expertise i n 526 early learning, early grade success, or child assessment. 527 4. The four representatives with subject matter expertise 528 in sub-subparagraphs 2.f. and 3.f. may not be direct 529 stakeholders within the early learning or public school systems. 530 (2)(3) The Commissioner of Education shall: 531 (a) Develop a plan, in coordination with the Council for 532 Early Grade Success, for implementing the coordinated screening 533 and progress monitoring program in consideration of timelines 534 for implementing new early literacy and mat hematics skills and 535 the English Language Arts and mathematics standards established 536 in ss. 1002.67(1)(a) and 1003.41, as appropriate. 537 (b) Provide data, reports, and information as requested to 538 the Council for Early Grade Success. 539 (3)(5) The council shall elect a chair and vice chair, one 540 of whom must be a member who has subject matter expertise in 541 early learning, early grade success, or child assessments. The 542 vice chair must be a member appointed by the President of the 543 Senate or the Speaker of the Hous e of Representatives who is not 544 one of the four members with subject matter expertise in early 545 learning, early grade success, or child assessments appointed 546 pursuant to sub-subparagraphs (2)(b)2.f. and 3.f. (4)(b)2.f. and 547 3.f. Members of the council shall serve without compensation but 548 are entitled to reimbursement for per diem and travel expenses 549 pursuant to s. 112.061. 550 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 23 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 12. Subsection (13) of section 1008.22, Florida 551 Statutes, is renumbered as subsection (14), subsections (3) and 552 (6) and paragraphs (a), (b), (c), (e), (g), (h), and (i) of 553 subsection (7) are amended, and a new subsection (13) is added 554 to that section, to read: 555 1008.22 Student assessment program for public schools. — 556 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM. —The 557 Commissioner of Education shall design and implement a 558 statewide, standardized assessment program aligned to the core 559 curricular content established in the Next Generation Sunshine 560 state academic standards. The commissioner also must develop or 561 select and implement a common battery of assessment tools that 562 will be used in all juvenile justice education programs in the 563 state. These tools must accurately measure the core curricular 564 content established in the Next Generation Sunshine state 565 academic standards. Participa tion in the assessment program is 566 mandatory for all school districts and all students attending 567 public schools, including adult students seeking a standard high 568 school diploma under s. 1003.4282 and students in Department of 569 Juvenile Justice education prog rams, except as otherwise 570 provided by law. If a student does not participate in the 571 assessment program, the school district must notify the 572 student's parent and provide the parent with information 573 regarding the implications of such nonparticipation. The 574 statewide, standardized assessment program shall be designed and 575 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 24 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S implemented as follows: 576 (a) Statewide, standardized comprehensive assessments. — 577 1. The statewide, standardized English Language Arts (ELA) 578 assessments shall be administered to students in g rades 3 579 through 10. Retake opportunities for the grade 10 ELA assessment 580 must be provided. Reading passages and writing prompts for ELA 581 assessments shall incorporate grade -level core curricula content 582 from social studies. The statewide, standardized Mathem atics 583 assessments shall be administered annually in grades 3 through 584 8. The statewide, standardized Science assessment shall be 585 administered annually at least once at the elementary and middle 586 grades levels. In order to earn a standard high school diploma, 587 a student who has not earned a passing score on the grade 10 ELA 588 assessment must earn a passing score on the assessment retake or 589 earn a concordant score as authorized under subsection (9). 590 Statewide, standardized ELA and Mathematics assessments in 591 grades 3 through 6 must be delivered in a paper -based format. 592 2. Beginning with the 2022 -2023 school year, the end -of-593 year comprehensive progress monitoring assessment administered 594 pursuant to s. 1008.25(8)(b)2. is the statewide, standardized 595 ELA assessment for students in grades 3 through 10 and the 596 statewide, standardized Mathematics assessment for students in 597 grades 3 through 8. 598 (b) End-of-course (EOC) assessments. —EOC assessments must 599 be statewide, standardized, and developed or approved by the 600 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 25 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Department of Education as follows: 601 1. EOC assessments for Algebra I, Geometry, Biology I, 602 United States History, and Civics shall be administered to 603 students enrolled in such courses as specified in the course 604 code directory. 605 2. Students enrolled in a course, a s specified in the 606 course code directory, with an associated statewide, 607 standardized EOC assessment must take the EOC assessment for 608 such course and may not take the corresponding subject or grade -609 level statewide, standardized assessment pursuant to paragr aph 610 (a). Sections 1003.4156 and 1003.4282 govern the use of 611 statewide, standardized EOC assessment results for students. 612 3. The commissioner may select one or more nationally 613 developed comprehensive examinations, which may include 614 examinations for a Coll ege Board Advanced Placement course, 615 International Baccalaureate course, or Advanced International 616 Certificate of Education course, or industry -approved 617 examinations to earn national industry certifications identified 618 in the CAPE Industry Certification Fun ding List, for use as EOC 619 assessments under this paragraph if the commissioner determines 620 that the content knowledge and skills assessed by the 621 examinations meet or exceed the grade -level expectations for the 622 core curricular content established for the cou rse in the Next 623 Generation Sunshine state academic standards. Use of any such 624 examination as an EOC assessment must be approved by the state 625 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 26 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S board in rule. 626 4. Contingent upon funding provided in the General 627 Appropriations Act, including the appropriation of funds 628 received through federal grants, the commissioner may establish 629 an implementation schedule for the development and 630 administration of additional statewide, standardized EOC 631 assessments that must be approved by the state board in rule. If 632 approved by the state board, student performance on such 633 assessments constitutes 30 percent of a student's final course 634 grade. 635 5. All statewide, standardized EOC assessments must be 636 administered online except as otherwise provided in paragraph 637 (d). 638 6. A student enrolled in an Advanced Placement (AP), 639 International Baccalaureate (IB), or Advanced International 640 Certificate of Education (AICE) course who takes the respective 641 AP, IB, or AICE assessment and earns the minimum score necessary 642 to earn college credit, as identified in s. 1007.27(2), meets 643 the requirements of this paragraph and does not have to take the 644 EOC assessment for the corresponding course. 645 (c) Nationally recognized high school assessments. —Each 646 school district shall, by the 2021 -2022 school year and subject 647 to appropriation, select either the SAT or ACT for districtwide 648 administration to each public school student in grade 11, 649 including students attending public high schools, alternative 650 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 27 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S schools, and Department of Juvenile Justice education progra ms. 651 (d) Students with disabilities; Florida Alternate 652 Assessment.— 653 1. Each district school board must provide instruction to 654 prepare students with disabilities in the core content knowledge 655 and skills necessary for successful grade -to-grade progression 656 and high school graduation. 657 2. A student with a disability, as defined in s. 1007.02, 658 for whom the individual education plan (IEP) team determines 659 that the statewide, standardized assessments under this section 660 cannot accurately measure the student's a bilities, taking into 661 consideration all allowable accommodations, shall have 662 assessment results waived for the purpose of receiving a course 663 grade and a standard high school diploma. Such waiver shall be 664 designated on the student's transcript. The statemen t of waiver 665 shall be limited to a statement that performance on an 666 assessment was waived for the purpose of receiving a course 667 grade or a standard high school diploma, as applicable. 668 3. The State Board of Education shall adopt rules, based 669 upon recommendations of the commissioner, for the provision of 670 assessment accommodations for students with disabilities and for 671 students who have limited English proficiency. 672 a. Accommodations that negate the validity of a statewide, 673 standardized assessment a re not allowed during the 674 administration of the assessment. However, instructional 675 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 28 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S accommodations are allowed in the classroom if identified in a 676 student's IEP. Students using instructional accommodations in 677 the classroom that are not allowed on a statewid e, standardized 678 assessment may have assessment results waived if the IEP team 679 determines that the assessment cannot accurately measure the 680 student's abilities. 681 b. If a student is provided with instructional 682 accommodations in the classroom that are not al lowed as 683 accommodations for statewide, standardized assessments, the 684 district must inform the parent in writing and provide the 685 parent with information regarding the impact on the student's 686 ability to meet expected performance levels. A parent must 687 provide signed consent for a student to receive classroom 688 instructional accommodations that would not be available or 689 permitted on a statewide, standardized assessment and 690 acknowledge in writing that he or she understands the 691 implications of such instructional ac commodations. 692 c. If a student's IEP states that online administration of 693 a statewide, standardized assessment will significantly impair 694 the student's ability to perform, the assessment shall be 695 administered in hard copy. 696 4. For students with significan t cognitive disabilities, 697 the Department of Education shall provide for implementation of 698 the Florida Alternate Assessment to accurately measure the core 699 curricular content established in the Next Generation Sunshine 700 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 29 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S state academic standards. 701 (e) Assessment scores and achievement levels. — 702 1. All statewide, standardized EOC assessments and ELA, 703 mathematics, and Science assessments shall use scaled scores and 704 achievement levels. Achievement levels shall range from 1 705 through 5, with level 1 being the lowes t achievement level, 706 level 5 being the highest achievement level, and level 3 707 indicating grade-level satisfactory performance on an 708 assessment. 709 2. The state board shall designate by rule a passing 710 score, indicating grade-level performance, for each statewide, 711 standardized assessment. 712 3. If the commissioner seeks to revise a statewide, 713 standardized assessment and the revisions require the state 714 board to modify performance level scores, including the passing 715 score, the commissioner shall provide a copy of the proposed 716 scores and implementation plan to the President of the Senate 717 and the Speaker of the House of Representatives at least 45 90 718 days before submission to the state board for review. Until the 719 state board adopts the modifications by rule, the com missioner 720 shall use calculations for scoring the assessment that adjust 721 student scores on the revised assessment for statistical 722 equivalence to student scores on the former assessment. The 723 state board shall adopt by rule the passing score for the 724 revised assessment that is statistically equivalent to the 725 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 30 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S passing score on the discontinued assessment for a student who 726 is required to attain a passing score on the discontinued 727 assessment. The commissioner may, with approval of the state 728 board, discontinue admin istration of the former assessment upon 729 the graduation, based on normal student progression, of students 730 participating in the final regular administration of the former 731 assessment. If the commissioner revises a statewide, 732 standardized assessment and the re visions require the state 733 board to modify the passing score, only students taking the 734 assessment for the first time after the rule is adopted are 735 affected. 736 (f) Prohibited activities. —A district school board shall 737 prohibit each public school from suspendi ng a regular program of 738 curricula for purposes of administering practice assessments or 739 engaging in other assessment -preparation activities for a 740 statewide, standardized assessment. However, a district school 741 board may authorize a public school to engage i n the following 742 assessment-preparation activities: 743 1. Distributing to students sample assessment books and 744 answer keys published by the Department of Education. 745 2. Providing individualized instruction in assessment -746 taking strategies, without suspending the school's regular 747 program of curricula, for a student who scores Level 1 or Level 748 2 on a prior administration of an assessment. 749 3. Providing individualized instruction in the content 750 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 31 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S knowledge and skills assessed, without suspending the school's 751 regular program of curricula, for a student who scores Level 1 752 or Level 2 on a prior administration of an assessment or a 753 student who, through a diagnostic assessment administered by the 754 school district, is identified as having a deficiency in the 755 content knowledge and skills assessed. 756 4. Administering a practice assessment or engaging in 757 other assessment-preparation activities that are determined 758 necessary to familiarize students with the organization of the 759 assessment, the format of assessment items, and th e assessment 760 directions or that are otherwise necessary for the valid and 761 reliable administration of the assessment, as set forth in rules 762 adopted by the State Board of Education with specific reference 763 to this paragraph. 764 (g) Contracts for assessments. —The commissioner shall 765 provide for the assessments to be developed or obtained, as 766 appropriate, through contracts and project agreements with 767 private vendors, public vendors, public agencies, postsecondary 768 educational institutions, or school districts. The commissioner 769 may enter into contracts for the continued administration of the 770 assessments authorized and funded by the Legislature. Contracts 771 may be initiated in 1 fiscal year and continue into the next 772 fiscal year and may be paid from the appropriations o f either or 773 both fiscal years. The commissioner may negotiate for the sale 774 or lease of tests, scoring protocols, test scoring services, and 775 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 32 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S related materials developed pursuant to law. 776 (6) LOCAL ASSESSMENT OF STUDENT PERFORMANCE ON STATE 777 STANDARDS.—Measurement of student performance is the 778 responsibility of school districts except in those subjects and 779 grade levels measured under the statewide, standardized 780 assessment program described in this section and the coordinated 781 screening and progress monitoring system under s. 1008.25(8) . 782 When available, instructional personnel must be provided with 783 information on student achievement of standards and benchmarks 784 in order to improve instruction. 785 (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS. — 786 (a) The Commissioner of Education shall establish 787 schedules for the administration of statewide, standardized 788 assessments and the reporting of student assessment results. The 789 commissioner shall consider the observance of religious and 790 school holidays when developing the schedules. The assessment 791 and reporting schedules must provide the earliest possible 792 reporting of student assessment results to the school districts. 793 Assessment results for the statewide, standardized ELA and 794 Mathematics assessments and all statewide, sta ndardized EOC 795 assessments must be made available no later than June 30, except 796 for results for the grade 3 statewide, standardized ELA 797 assessment, which must be made available no later than May 31. 798 Beginning with the 2023 -2024 school year, assessment resul ts for 799 the statewide, standardized ELA and Mathematics assessments must 800 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 33 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S be available no later than May 31. School districts shall 801 administer statewide, standardized assessments in accordance 802 with the schedule established by the commissioner. 803 (b) By January of each year, the commissioner shall 804 publish on the department's website a uniform calendar that 805 includes the assessment and reporting schedules for, at a 806 minimum, the next 2 school years. The uniform calendar must be 807 provided to school districts in an electronic format that allows 808 each school district and public school to populate the calendar 809 with, at minimum, the following information for reporting the 810 district assessment schedules under paragraph (d): 811 1. Whether the assessment is a district -required 812 assessment or a state -required assessment. 813 2. The specific date or dates that each assessment will be 814 administered, including administrations of the coordinated 815 screening and progress monitoring system under s. 1008.25(8)(b) . 816 3. The time allotted to administer each assessment. 817 4. Whether the assessment is a computer -based assessment 818 or a paper-based assessment. 819 5. The grade level or subject area associated with the 820 assessment. 821 6. The date that the assessment results are expected to be 822 available to teachers and parents. 823 7. The type of assessment, the purpose of the assessment, 824 and the use of the assessment results. 825 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 34 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 8. A glossary of assessment terminology. 826 9. Estimates of average time for administering state -827 required and district -required assessments, by grade level. 828 (c) The spring administration of the statewide, 829 standardized assessments in paragraphs (3)(a) and (b), excluding 830 assessment retakes, must be in accordance with the following 831 schedule: 832 1. The grade 3 statewide, standardized ELA assessment and 833 the writing portion of the statewide, standardized ELA 834 assessment must be administered no earlier than April 1 each 835 year within an assessment window not to exceed 2 weeks. 836 2. With the exception of assessments identified in 837 subparagraph 1., any statewide, standardized assessment that is 838 delivered in a paper -based format must be administered no 839 earlier than May 1 each year within an assessment window not to 840 exceed 2 weeks. 841 3. With the exception of assessments identified in 842 subparagraphs 1. and 2., any statewide, standardized assessment 843 must be administered within a 4 -week assessment window that 844 opens no earlier than May 1 each year. 845 (e) A school district may not schedule more than 5 percent 846 of a student's total school hours in a school ye ar to administer 847 statewide, standardized assessments , the coordinated screening 848 and progress monitoring system under s. 1008.25(8)(b)2., and 849 district-required local assessments. The district must secure 850 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 35 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S written consent from a student's parent before admini stering 851 district-required local assessments that, after applicable 852 statewide, standardized assessments and coordinated screening 853 and progress monitoring are scheduled, exceed the 5 percent test 854 administration limit for that student under this paragraph. Th e 855 5 percent test administration limit for a student under this 856 paragraph may be exceeded as needed to provide test 857 accommodations that are required by an IEP or are appropriate 858 for an English language learner who is currently receiving 859 services in a progra m operated in accordance with an approved 860 English language learner district plan pursuant to s. 1003.56. 861 Notwithstanding this paragraph, a student may choose within a 862 school year to take an examination or assessment adopted by 863 State Board of Education rule pursuant to this section and ss. 864 1007.27, 1008.30, and 1008.44. 865 (g) A school district must provide a student's performance 866 results on district-required local assessments to the student's 867 teachers and parent within 1 week and to the student's parents 868 no later than 30 days after administering such assessments, 869 unless the superintendent determines in writing that extenuating 870 circumstances exist and reports the extenuating circumstances to 871 the district school board. Results must be made available 872 through a web-based portal as part of the school district's 873 learning management system and in a printed format upon request 874 by a student's parent. 875 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 36 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (h) The results of statewide, standardized assessment in 876 ELA and mathematics, science, and social studies, including 877 assessment retakes, shall be reported in an easy -to-read and 878 understandable format and delivered in time to provide useful, 879 actionable information to students, parents, and each student's 880 current teacher of record and teacher of record for the 881 subsequent school year; however, in any case, the district shall 882 provide the results pursuant to this paragraph within 1 week 883 after receiving the results from the department. A report of 884 student assessment results must, at a minimum, contain: 885 1. A clear explanation o f the student's performance on the 886 applicable statewide, standardized assessments. 887 2. Information identifying the student's areas of strength 888 and areas in need of improvement. 889 3. Specific actions that may be taken, and the available 890 resources that may be used, by the student's parent to assist 891 his or her child based on the student's areas of strength and 892 areas in need of improvement. 893 4. Longitudinal information, if available, on the 894 student's progress in each subject area based on previous 895 statewide, standardized assessment data. 896 5. Comparative information showing the student's score 897 compared to other students in the school district, in the state, 898 or, if available, in other states. 899 6. Predictive information, if available, showing the 900 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 37 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S linkage between the scores attained by the student on the 901 statewide, standardized assessments and the scores he or she may 902 potentially attain on nationally recognized college entrance 903 examinations. 904 905 The information included under this paragraph relating to 906 results from the statewide, standardized ELA assessments for 907 grades 3 through 10 and Mathematics assessments for grades 3 908 through 8 must be included in individual student reports under 909 s. 1008.25(8)(c). 910 (i) The State Board of Education shall adopt rules for the 911 development of the uniform calendar that, at minimum, define 912 terms that must be used in the calendar to describe various 913 assessments, including the terms "progress monitoring," 914 "summative assessment," "formative assessment," and "interim 915 assessment." 916 (13) INDEPENDENT REVIEW.-By January 31, 2025, the 917 Commissioner of Education shall provide recommendations to the 918 Governor, the President of the Senate, and the Speaker of the 919 House of Representatives based on an independent review of the 920 coordinated screening and progress monitoring system under s. 921 1008.25(8). At a minimum, the review and recommendations must 922 address: 923 (a) The feasibility and validity of using results from 924 either the first or second administrations of progress 925 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 38 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S monitoring, or both, in lieu of using the comprehensive, end -of-926 year progress monitoring assessment for purposes of 927 demonstrating a passing score, promotion to grade 4, meeting 928 graduation requirements, and calculating school grades in 929 accordance with s. 1008.34. 930 (b) Options for further redu cing the statewide, 931 standardized assessment footprint while maintaining valid and 932 reliable data for purposes of school accountability and 933 providing school and student supports, including the use of 934 computer-adaptive assessments, consistent with the require ments 935 of the federal Elementary and Secondary Education Act, 20 U.S.C. 936 ss. 6301 et seq. and its implementing regulations. 937 (c) The feasibility and validity of remotely administering 938 statewide, standardized assessments and the coordinated 939 screening and progress monitoring system. 940 (d) Accelerating student progression based on results from 941 the coordinated screening and progress monitoring system, as 942 academically and developmentally appropriate. 943 (e) The incorporation of content from ELA instructional 944 materials adopted by the Commissioner of Education pursuant to 945 s. 1006.34 in test items within the coordinated screening and 946 progress monitoring system under s. 1008.25(8). 947 (f) The impact of the coordinated screening and progress 948 monitoring system on student learning growth data as measured by 949 the formula approved under s. 1012.34(7). 950 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 39 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 951 This subsection is repealed July 1, 2025. 952 Section 13. Paragraph (a) of subsection (4), paragraphs 953 (b), (d), and (e) of subsection (5), paragraph (b) of subsection 954 (7), paragraphs (a), (b), and (c) of subsection (8), and 955 subsection (9) of section 1008.25, Florida Statutes, are amended 956 to read: 957 1008.25 Public school student progression; student 958 support; coordinated screening and progress monitoring; 959 reporting requirements. — 960 (4) ASSESSMENT AND SUPPORT. — 961 (a) Each student must participate in the statewide, 962 standardized assessment program required under s. 1008.22 and 963 the Voluntary Prekindergarten Education Program through grade 8 964 coordinated screening and progress monitoring system required 965 under subsection (8). Each student who does not achieve a Level 966 3 or above on the statewide, standardized English Language Arts 967 assessment, the statewide, standardized Mathematics assessment, 968 or the Algebra I EOC assessment must be evaluate d to determine 969 the nature of the student's difficulty, the areas of academic 970 need, and strategies for providing academic supports to improve 971 the student's performance. 972 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION. — 973 (b) A Voluntary Prekindergarten Education Program student 974 who exhibits a substantial deficiency in early literacy skills 975 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 40 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S in accordance with the standards under s. 1002.67(1)(a) and 976 based upon the results of the administration of the final 977 coordinated screening and progress monitoring under subsection 978 (8) s. 1008.2125 shall be referred to the local school district 979 and may be eligible to receive intensive reading interventions 980 before participating in kindergarten. Such intensive reading 981 interventions shall b e paid for using funds from the district's 982 evidence-based research-based reading instruction allocation in 983 accordance with s. 1011.62(8) s. 1011.62(9). 984 (d) The parent of any student who exhibits a substantial 985 deficiency in reading, as described in paragr aph (a), must be 986 notified in writing of the following: 987 1. That his or her child has been identified as having a 988 substantial deficiency in reading, including a description and 989 explanation, in terms understandable to the parent, of the exact 990 nature of the student's difficulty in learning and lack of 991 achievement in reading. 992 2. A description of the current services that are provided 993 to the child. 994 3. A description of the proposed intensive interventions 995 and supports that will be provided to the child that are 996 designed to remediate the identified area of reading deficiency. 997 4. That if the child's reading deficiency is not 998 remediated by the end of grade 3, the child must be retained 999 unless he or she is exempt from mandatory retention for good 1000 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 41 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S cause. 1001 5. Strategies, including multisensory strategies, through 1002 a read-at-home plan the parent can use in helping his or her 1003 child succeed in reading. The read -at-home plan must provide 1004 access to the resources identified in paragraph (e) paragraph 1005 (d). 1006 6. That the statewide, standardized English Language Arts 1007 assessment is not the sole determiner of promotion and that 1008 additional evaluations, portfolio reviews, and assessments are 1009 available to the child to assist parents and the school district 1010 in knowing when a chil d is reading at or above grade level and 1011 ready for grade promotion. 1012 7. The district's specific criteria and policies for a 1013 portfolio as provided in subparagraph (6)(b)4. and the evidence 1014 required for a student to demonstrate mastery of Florida's 1015 academic standards for English Language Arts. A school must 1016 immediately begin collecting evidence for a portfolio when a 1017 student in grade 3 is identified as being at risk of retention 1018 or upon the request of the parent, whichever occurs first. 1019 8. The district's s pecific criteria and policies for 1020 midyear promotion. Midyear promotion means promotion of a 1021 retained student at any time during the year of retention once 1022 the student has demonstrated ability to read at grade level. 1023 9. Information about the student's eli gibility for the New 1024 Worlds Reading Initiative under s. 1003.485 and information on 1025 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 42 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S parent training modules and other reading engagement resources 1026 available through the initiative. 1027 1028 After initial notification, the school shall apprise the parent 1029 at least monthly of the student's progress in response to the 1030 intensive interventions and supports. Such communications must 1031 be in writing and must explain any additional interventions or 1032 supports that will be implemented to accelerate the student's 1033 progress if the interventions and supports already being 1034 implemented have not resulted in improvement. 1035 (e) The Department of Education shall compile resources 1036 that each school district must incorporate into a read -at-home 1037 plan provided to the parent of a student who is identified as 1038 having a substantial reading deficiency pursuant to paragraph 1039 (d) paragraph (c). The resources must be made available in an 1040 electronic format that is accessible online and must include the 1041 following: 1042 1. Developmentally appropriate, evidence -based strategies 1043 and programming, including links to video training modules and 1044 opportunities to sign up for at -home reading tips delivered 1045 periodically via text and e -mail, which a parent can use to help 1046 improve his or her child's literacy skills. 1047 2. An overview of the types of assessments used to 1048 identify reading deficiencies and what those assessments measure 1049 or do not measure, the frequency with which the assessments are 1050 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 43 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S administered, and the requirements for interventions and 1051 supports that districts must provide to students who do not make 1052 adequate academic progress. 1053 3. An overview of the process for initiating and 1054 conducting evaluations for exceptional education eligibility. 1055 The overview must include an explanation that a diagnosis of a 1056 medical condition alone is not sufficient to establish 1057 exceptional education eligibility but may be used to document 1058 how that condition relates to the student's eligibility 1059 determination and may be disclosed in an eligible student's 1060 individual education plan when ne cessary to inform school 1061 personnel responsible for implementing the plan. 1062 4. Characteristics of conditions associated with learning 1063 disorders, including dyslexia, dysgraphia, dyscalculia, and 1064 developmental aphasia. 1065 5. A list of resources that support i nformed parent 1066 involvement in decisionmaking processes for students who have 1067 difficulty in learning. 1068 1069 Upon the request of a parent, resources meeting the requirements 1070 of this paragraph must be provided to the parent in a hardcopy 1071 format. 1072 (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE 1073 STUDENTS.— 1074 (b) Each school district shall: 1075 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 44 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1. Provide written notification to the parent of a student 1076 who is retained under paragraph (5)(c) that his or her child has 1077 not met the achievement proficiency level required for promotion 1078 and the reasons the child is not eligible for a good cause 1079 exemption as provided in paragraph (6)(b). The notification must 1080 comply with paragraph (5)(d) and must include a description of 1081 proposed interventions and supports that will be prov ided to the 1082 child to remediate the identified areas of reading deficiency. 1083 2. Implement a policy for the midyear promotion of a 1084 student retained under paragraph (5)(c) who can demonstrate that 1085 he or she is a successful and independent reader and performi ng 1086 at or above grade level in reading or, upon implementation of 1087 English Language Arts assessments, performing at or above grade 1088 level in English Language Arts. Tools that school districts may 1089 use in reevaluating a student retained may include subsequent 1090 assessments, alternative assessments, and portfolio reviews, in 1091 accordance with rules of the State Board of Education. Students 1092 promoted during the school year after November 1 must 1093 demonstrate achievement proficiency levels in reading equivalent 1094 to the level necessary for the beginning of grade 4. The rules 1095 adopted by the State Board of Education must include standards 1096 that provide a reasonable expectation that the student's 1097 progress is sufficient to master appropriate grade 4 level 1098 reading skills. 1099 3. Provide students who are retained under paragraph 1100 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 45 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (5)(c), including students participating in the school 1101 district's summer reading camp under subparagraph (a)2., with a 1102 highly effective teacher who is certified or endorsed in reading 1103 and is rated highly effec tive as determined by the teacher's 1104 performance evaluation under s. 1012.34 , and, beginning July 1, 1105 2020, the teacher must also be certified or endorsed in reading . 1106 4. Establish at each school, when applicable, an intensive 1107 reading acceleration course fo r any student retained in grade 3 1108 who was previously retained in kindergarten, grade 1, or grade 1109 2. The intensive reading acceleration course must provide the 1110 following: 1111 a. Uninterrupted reading instruction for the majority of 1112 student contact time each d ay and opportunities to master the 1113 grade 4 Next Generation Sunshine state academic standards in 1114 other core subject areas through content -rich texts. 1115 b. Small group instruction. 1116 c. Reduced teacher-student ratios. 1117 d. The use of explicit, systematic, and multisensory 1118 reading interventions, including intensive language, phonics, 1119 and vocabulary instruction, and use of a speech -language 1120 therapist if necessary, that have proven results in accelerating 1121 student reading achievement within the same school year . 1122 e. A read-at-home plan. 1123 (8) COORDINATED SCREENING AND PROGRESS MONITORING SYSTEM. — 1124 (a) The Department of Education, in collaboration with the 1125 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 46 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Office of Early Learning, shall procure and require the use of a 1126 statewide, standardized coordinated scree ning and progress 1127 monitoring system for the Voluntary Prekindergarten Education 1128 Program and public schools serving kindergarten through grade 8 1129 students. The system must: 1130 1. Measure student progress in the Voluntary 1131 Prekindergarten Education Program thro ugh grade 8 in meeting the 1132 appropriate expectations in early literacy and mathematics 1133 skills and in English Language Arts and mathematics standards as 1134 required by ss. 1002.67(1)(a) and 1003.41 and identify the 1135 educational strengths and needs of students . 1136 2. For students in the Voluntary Prekindergarten Education 1137 Program through grade 3, measure student performance in oral 1138 language development, phonological and phonemic awareness, 1139 knowledge of print and letters, decoding, fluency, vocabulary, 1140 and comprehension, as applicable by grade level , and, at a 1141 minimum, provide interval level and norm -referenced data that 1142 measures equivalent levels of growth . 1143 3. Be a valid, reliable, and developmentally appropriate 1144 computer-adaptive direct instrument that provides s creening and 1145 diagnostic capabilities for monitoring student progress; 1146 identifies students who have a substantial deficiency in 1147 reading, including identifying students with characteristics of 1148 dyslexia and other learning disorders ; and informs instruction. 1149 4. Provide data for Voluntary Prekindergarten Education 1150 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 47 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Program accountability as required under s. 1002.68 s. 1002.67. 1151 5. Provide Voluntary Prekindergarten Education Program 1152 providers, school districts, schools, and teachers, and parents 1153 with data and resources that enhance differentiated instruction 1154 and parent communication. 1155 6. Provide baseline data to the department of each 1156 student's readiness for kindergarten. The determination of 1157 kindergarten readiness must be based on the results of each 1158 student's initial progress monitoring assessment in 1159 kindergarten. The methodology for determining a student's 1160 readiness for kindergarten shall be developed by the department 1161 and aligned to the methodology adopted pursuant to s. 1162 1002.68(4). 1163 7.6. Assess how well educational goals and curricular 1164 standards are met at the provider, school, district, and state 1165 levels and provide information to the department to aid in the 1166 development of educational programs, policies, and supports for 1167 providers, districts, and schools. 1168 (b) Beginning with the 2022 -2023 school year, private 1169 Voluntary Prekindergarten Education Program providers and public 1170 schools must participate in the coordinated screening and 1171 progress monitoring system pursuant to this paragraph . 1172 1. For students in the Voluntary Prekindergarten Education 1173 Program through grade 2, the coordinated screening and progress 1174 monitoring system must be administered at least three times 1175 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 48 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S within a program year or school year, as applicable, with the 1176 first administration occurring no later than the first 30 1177 instructional days after a student's enrollment or the start of 1178 the program year or school year , the second occurring midyear, 1179 and the third administration occurring within the last 30 days 1180 of the program or sch ool year pursuant to state board rule. The 1181 state board may adopt alternate timeframes to address 1182 nontraditional school year calendars or summer programs to 1183 ensure the coordinated screening and progress monitoring program 1184 is administered a minimum of three times within a year or 1185 program. 1186 2. For grades 3 through 10 English Language Arts and 1187 grades 3 through 8 Mathematics, the coordinated screening and 1188 progress monitoring system must be administered at the 1189 beginning, middle, and end of the school year pursua nt to state 1190 board rule. The end-of-year administration of the coordinated 1191 screening and progress monitoring system must be a comprehensive 1192 progress monitoring assessment administered in accordance with 1193 the scheduling requirements under s. 1008.22(7)(c). 1194 (c) To facilitate timely interventions and supports 1195 pursuant to subsection (4), the system must provide results from 1196 the first two administrations of the progress monitoring to a 1197 student's teacher within 1 week and to the student's parent 1198 within 2 weeks of the administration of the progress monitoring. 1199 Delivery of results from the comprehensive, end -of-year progress 1200 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 49 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S monitoring ELA assessment for grades 3 through 10 and 1201 Mathematics assessment for grades 3 through 8 must be in 1202 accordance with s. 1008.22(7)(h) . 1203 1. A student's results from the coordinated screening and 1204 progress monitoring system must be recorded in a written, easy -1205 to-comprehend individual student report. Each school district 1206 shall provide a parent secure access to his or her child's 1207 individual student reports through a web -based portal as part of 1208 its learning management system. Each early learning coalition 1209 shall provide parents the individual student report in a format 1210 determined by state board rule. 1211 2. In addition to the information under s ubparagraph 1212 (a)5., the report must also include parent resources that 1213 explain the purpose of progress monitoring, assist the parent in 1214 interpreting progress monitoring results, and support informed 1215 parent involvement. Parent resources may include personali zed 1216 video formats. 1217 3. The department shall annually update school districts 1218 and early learning coalitions on new system features and 1219 functionality and collaboratively identify with school districts 1220 and early learning coalitions strategies for meaningfull y 1221 reporting to parents results from the coordinated screening and 1222 progress monitoring system. 1223 4. An individual student report must be provided in a 1224 printed format upon a parent's request. 1225 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 50 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (c) A Voluntary Prekindergarten Education Program student 1226 who is at risk of being identified as having a substantial 1227 deficiency in early literacy skills, based upon results under 1228 this subsection, must be referred to the school district in 1229 which he or she resides and may be eligible to receive early 1230 literacy instruction and interventions after program completion 1231 and before participating in kindergarten. Such instruction and 1232 interventions may be paid for using funds from the school 1233 district's evidence-based reading instruction allocation in 1234 accordance with s. 1011.62(9). 1235 (9) ANNUAL REPORT.— 1236 (a) In addition to the requirements in paragraph (5)(c), 1237 each district school board must annually report to the parent of 1238 each student the progress of the student toward achieving state 1239 and district expectations for proficiency in E nglish Language 1240 Arts, science, social studies, and mathematics. The district 1241 school board must report to the parent the student's results on 1242 each statewide, standardized assessment and the coordinated 1243 screening and progress monitoring system under subsecti on (8). 1244 The evaluation of each student's progress must be based upon the 1245 student's classroom work, observations, tests, district and 1246 state assessments, response to intensive interventions provided 1247 under paragraph (5)(a), and other relevant information. Pro gress 1248 reporting must be provided to the parent in writing in a format 1249 adopted by the district school board and must be accessible 1250 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 51 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S through secure, web-based options. 1251 (b) Each district school board must annually publish on 1252 the district website and in the local newspaper the following 1253 information on the prior school year: 1254 1. The provisions of this section relating to public 1255 school student progression and the district school board's 1256 policies and procedures on student retention and promotion. 1257 2. By grade, the number and percentage of all students in 1258 grades 3 through 10 performing at Levels 1 and 2 on the 1259 statewide, standardized English Language Arts assessment. 1260 3. By grade, the number and percentage of all students 1261 retained in kindergarten through grade 1 0. 1262 4. Information on the total number of students who were 1263 promoted for good cause, by each category of good cause as 1264 specified in paragraph (6)(b). 1265 5. Any revisions to the district school board's policies 1266 and procedures on student retention and promot ion from the prior 1267 year. 1268 Section 14. Subsection (1), paragraph (a) of subsection 1269 (3), and paragraphs (a), (b), and (c) of subsection (4) of 1270 section 1008.33, Florida Statutes, are amended to read: 1271 1008.33 Authority to enforce public school improvement.— 1272 (1) The State Board of Education shall comply with the 1273 federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. 1274 ss. 6301 et seq., its implementing regulations, and the ESEA 1275 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 52 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S plan flexibility waiver approved for Florida by the United 1276 States Secretary of Education. The state board may adopt rules 1277 to maintain compliance with the ESEA and the ESEA plan 1278 flexibility waiver. 1279 (3)(a) The academic performance of all students has a 1280 significant effect on the state school system. Pursuant to Art . 1281 IX of the State Constitution, which prescribes the duty of the 1282 State Board of Education to supervise Florida's public school 1283 system, the state board shall equitably enforce the 1284 accountability requirements of the state school system and may 1285 impose state requirements on school districts in order to 1286 improve the academic performance of all districts, schools, and 1287 students based upon the provisions of the Florida Early 1288 Learning-20 Education Code, chapters 1000 -1013; the federal ESEA 1289 and its implementing regula tions; and the ESEA plan flexibility 1290 waiver approved for Florida by the United States Secretary of 1291 Education. 1292 (4)(a) The state board shall apply intensive intervention 1293 and support strategies tailored to the needs of schools earning 1294 two consecutive grades of "D" or a grade of "F." In the first 1295 full school year after a school initially earns a grade of "D," 1296 two consecutive grades of "D" or a grade of "F," the school 1297 district must immediately implement intervention and support 1298 strategies prescribed in rule u nder paragraph (3)(c) . For a 1299 school that initially earns a grade of "F" or a second 1300 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 53 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S consecutive grade of "D," the school district must either 1301 continue implementing or immediately begin implementing 1302 intervention and support strategies prescribed in rule und er 1303 paragraph (3)(c) and, by September 1, provide the department , by 1304 September 1, with the memorandum of understanding negotiated 1305 pursuant to s. 1001.42(21) and, by October 1, a district -managed 1306 turnaround plan for approval by the state board. The district -1307 managed turnaround plan may include a proposal for the district 1308 to implement an extended school day, a summer program, or a 1309 combination of an extended school day and a summer program , or 1310 any other option authorized under paragraph (b) for state board 1311 approval. A school district is not required to wait until a 1312 school earns a second consecutive grade of "D" to submit a 1313 turnaround plan for approval by the state board under this 1314 paragraph. Upon approval by the state board, the school district 1315 must implement the plan for the remainder of the school year and 1316 continue the plan for 1 full school year. The state board may 1317 allow a school an additional year of implementation before the 1318 school must implement a turnaround option required under 1319 paragraph (b) if it determi nes that the school is likely to 1320 improve to a grade of "C" or higher after the first full school 1321 year of implementation. 1322 (b) Unless an additional year of implementation is 1323 provided pursuant to paragraph (a), a school that completes a 1324 plan cycle under par agraph (a) and does not improve to a grade 1325 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 54 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S of earns three consecutive grades below a "C" or higher must 1326 implement one of the following: 1327 1. Reassign students to another school and monitor the 1328 progress of each reassigned student; 1329 2. Close the school and reopen the school as one or more 1330 charter schools, each with a governing board that has a 1331 demonstrated record of effectiveness; or 1332 3. Contract with an outside entity that has a demonstrated 1333 record of effectiveness to provide turnaround services 1334 identified in state board rule, which may include school 1335 leadership, educational modalities, teacher and leadership 1336 professional development, curriculum, operation and management 1337 services, school-based administrative staffing, budgeting, 1338 scheduling, other educationa l service provider functions, or any 1339 combination thereof operate the school. Selection of an outside 1340 entity may include one or a combination of the following: 1341 a. An external operator, which may be a district-managed 1342 charter school or a high-performing charter school network in 1343 which all instructional personnel are not employees of the 1344 school district, but are employees of an independent governing 1345 board composed of members who did not participate in the review 1346 or approval of the charter. 1347 b. A contractual agreement that allows for a charter 1348 school network or any of its affiliated subsidiaries to provide 1349 individualized consultancy services tailored to address the 1350 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 55 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S identified needs of one or more schools under this section. 1351 1352 A school district and outside en tity under this subparagraph 1353 must enter, at minimum, a 2 -year, performance-based contract. 1354 The contract must include school performance and growth metrics 1355 the outside entity must meet on an annual basis. The state board 1356 may require the school district to m odify or cancel the 1357 contract. 1358 (c) Implementation of the turnaround option is no longer 1359 required if the school improves to a grade of "C" or higher. 1360 However, a school that exits turnaround status based on its 1361 school grade for the 2023 -2024 school year or thereafter and 1362 earns a grade of "D" or "F" within 2 consecutive school years 1363 must select and implement a turnaround option the school has not 1364 yet completed. 1365 Section 15. Subsection (6) of section 1008.34, Florida 1366 Statutes, is renumbered as subsection ( 7), paragraph (c) of 1367 subsection (3) is amended, and a new subsection (6) is added to 1368 that section, to read: 1369 1008.34 School grading system; school report cards; 1370 district grade.— 1371 (3) DESIGNATION OF SCHOOL GRADES. — 1372 (c)1. The calculation of a school grad e shall be based on 1373 the percentage of points earned from the components listed in 1374 subparagraph (b)1. and, if applicable, subparagraph (b)2. The 1375 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 56 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S State Board of Education shall adopt in rule a school grading 1376 scale that sets the percentage of points needed to earn each of 1377 the school grades listed in subsection (2). There shall be at 1378 least five percentage points separating the percentage 1379 thresholds needed to earn each of the school grades. The state 1380 board shall annually periodically review the percentage of 1381 school grades of "A" and "B" for the school year to determine 1382 whether to adjust the school grading scale upward for the 1383 following school year's school grades. The first adjustment 1384 would occur no earlier than the 2023 -2024 school year. An 1385 adjustment must be ma de if the percentage of schools earning a 1386 grade of "A" or "B" in the current year represents 75 percent or 1387 more of all graded schools within a particular school type, 1388 which consists of elementary, middle, high, and combination. The 1389 adjustment must reset th e minimum required percentage of points 1390 for each grade of "A", "B", "C", or "D" at the next highest 1391 percentage ending in the numeral 5 or 0, whichever is closest to 1392 the current percentage. Annual reviews of the percentage of 1393 schools earning a grade of "A" or "B" and adjustments to the 1394 required points must be suspended when the following grading 1395 scale for a specific school type is achieved: 1396 a. Ninety percent or more of the points for a grade of 1397 "A". 1398 b. Eighty to eighty -nine percent of the points for a g rade 1399 of "B". 1400 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 57 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S c. Seventy to seventy -nine percent of the points for a 1401 grade of "C". 1402 d. Sixty to sixty-nine percent of the points for a grade 1403 of "D." 1404 1405 When the school grading scale to determine if the scale should 1406 be adjusted upward to meet raised expect ations and encourage 1407 increased student performance. If the state board adjusts the 1408 grading scale upward, the state board must inform the public and 1409 the school districts of the reasons for and degree of the 1410 adjustment and its anticipated impact on school gr ades. 1411 2. The calculation of school grades may not include any 1412 provision that would raise or lower the school's grade beyond 1413 the percentage of points earned. Extra weight may not be added 1414 in the calculation of any components. 1415 (6) TRANSITION.-To assist in the transition to 2022 -2023 1416 school grades and district grades calculated based on the 1417 comprehensive, end-of-year progress monitoring assessment under 1418 s. 1008.25(8), the 2022 -2023 school grades and district grades 1419 shall serve as an informational baseline for schools and 1420 districts to work toward improved performance in future years. 1421 Accordingly, notwithstanding any other provision of law: 1422 (a) Due to the absence of Learning Gains data in the 2022 -1423 2023 school year, the initial school grading scale for the 2 022-1424 2023 informational baseline grades shall be set so that the 1425 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 58 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S percentage of schools that earn an "A," "B," "C," "D," and "F" 1426 is statistically equivalent to the 2021 -2022 school grades 1427 results. When Learning Gains data become available in the 2023 -1428 2024 school year, the State Board of Education shall review the 1429 school grading scale and determine if the scale should be 1430 adjusted. 1431 (b) A school may not be required to select and implement a 1432 turnaround option pursuant to s. 1008.33 in the 2023 -2024 school 1433 year based on the school's 2022 -2023 grade. The benefits of s. 1434 1008.33(4)(c), relating to a school being released from 1435 implementation of the turnaround option, and s. 1008.33(4)(d), 1436 relating to a school implementing strategies identified in its 1437 school improvement plan, apply to a school using turnaround 1438 options pursuant to s. 1008.33 which improves to a grade of "C" 1439 or higher during the 2022 -2023 school year. 1440 (c) A school or approved provider under s. 1002.45 which 1441 receives the same or lower school grade for t he 2022-2023 school 1442 year compared to the 2021 -2022 school year is not subject to 1443 sanctions or penalties that would otherwise occur as a result of 1444 the 2022-2023 school grade or rating. A charter school system or 1445 school district designated as high performing may not lose the 1446 designation based on the 2022 -2023 school grades of any of the 1447 schools within the charter school system or school district or 1448 based on the 2022-2023 district grade, as applicable. 1449 (d) For purposes of determining grade 3 retention pursuant 1450 CS/HB 1193 2022 CODING: Words stricken are deletions; words underlined are additions. hb1193-01-c1 Page 59 of 59 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S to s. 1008.25(5) and high school graduation pursuant to s. 1451 1003.4282, student performance on the 2022 -2023 comprehensive, 1452 end-of-year progress monitoring assessment under s. 1008.25(8) 1453 shall be linked to 2021-2022 student performance expectations. 1454 In addition to the good cause exemptions under s. 1008.25(6), a 1455 student may be promoted to grade 4 for the 2023 -2024 school year 1456 if the student demonstrates an acceptable level of performance 1457 through means reasonably calculated by the school district to 1458 provide reliable evidence of the student's performance. 1459 1460 This subsection is repealed July 1, 2025. 1461 Section 16. Subsection (6) of section 1008.341, Florida 1462 Statutes, is renumbered as subsection (7), and a new subsection 1463 (6) is added to that section, to read: 1464 1008.341 School improvement rating for alternative 1465 schools.— 1466 (6) TRANSITION.—Due to the absence of Learning Gains data 1467 in the 2022-2023 school year, school improvement ratings will 1468 not be calculated for the 2022-2023 school year. When Learning 1469 Gains data become available in the 2023 -2024 school year, the 1470 State Board of Education shall set the scale for the 1471 "Commendable," "Maintaining," and "Unsatisfactory" ratings 1472 pursuant to rule. This subsection is repealed July 1, 2025. 1473 Section 17. This act shall take effect July 1, 2022. 1474